M.C. Sharma, J. - (1.) The State of Rajasthan has preferred this appeal against the judgment dated 07.10.1995 passed by learned Chief Judicial Magistrate, Jaipur (hereinafter to be referred as 'the learned trial court') in Criminal case No. 857/93 by which he acquitted the accused -respondent for the offence under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act, 1954 but convicted the accused -respondent for the offence under Sec. 50(1) of the Rule of 1955 read with Sec. 16(1)(A)(11) of 1954 and sentence the accused -respondent till rising of the Court and imposed a fine of Rs. 500/ - and in default of payment of fine further to undergo for a period of two months simple imprisonment. In brief, the facts of the case are as under: - - R.V. Singh (P.W. 1) Food Inspector on 11.3.1991 inspected the business premises of M/s. Guru Nank Mistan Bhandar, Opp. Gurudwara, Jawahar Nagar, Jaipur and verified that the accused -respondent was selling Burfee with silver leaf on it and other sweets. The accused respondent did not have the licence and also suspecting that the sweets sold by him was adulterated. The Food Inspector took samples in accordance with the act and rules. After following the procedure prescribed under law the sample was sent to the Public Analyst who found that the burfee had no silver leave but it had aluminium leaf on it and consequently it was adulterated.
(2.) After taking sanction in accordance with the law, a complaint was filed against the accused -respondent before the learned trial court under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954.
(3.) The charges were read over and explained to the accused -respondent who pleaded not guilty and claimed trial.;